Legal Opinion

Howell v. Jackson

Supreme Court of Arkansas

Decided June 15, 1908PublishedCited by 3 opinions

Appeal from La Fayette Chancery Court; Emon 0. Mahoney, Chancellor; On former appeal, the cause was reversed and remanded with directions to dismiss the complaint. Appellants were before the court then. The dismissal carried all' parties out of court. The appeal should, be dismissed for failure of appellants to obtain and prosecute a cross appeal when the case was before this court on former appeal. 104 S. W. 550.

1Opinion of the CourtBattle, J.

S. R. Howell, and B. A. Moore instituted a suit against G. W. Jackson, J. E. F. Davis, as road commissioner, N. G. Lewis, as road overseer of Road District No. 5, and T. V. Cabiness, as overseer of Road District No. 1, in La Fayette County, Arkansas, in the La Fayette Chancery Court, to restrain defendants from stopping a certain' ditch and constructing a ditch on either side of the public road running south from the old court house in Lewisville, La Fayette County, Arkansas, for the purpose of diverting surface water into Wilson Branch'. The complaint is as follows: “The plaintiffs, Mrs. S.…

2Cases cited5 opinions

  1. Martin v. Hunter's LesseeSupreme Court of the United States · 1816
  2. Brown v. VancleaveCourt of Appeals of Kentucky · 1887
  3. Beidler v. BeidlerSupreme Court of Arkansas · 1903
  4. Caston v. CastonMississippi Supreme Court · 1877
  5. Davis v. HowellSupreme Court of Arkansas · 1907

3Cited by3 opinions

  1. Cowling v. BrittSupreme Court of Arkansas · 1914
  2. Smoot v. MillerSupreme Court of Alabama · 1942
  3. Empire Coal Co. v. Empire Coal Mining Co.Court of Appeals of Kentucky · 1920

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